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Kroger Collective Action Overview:
- Who: Kroger assistant store managers are now able to submit their consent to join a collective action against the grocer.
- Why: A class action lawsuit accuses Kroger of misclassifying its assistant store managers as exempt employees and failing to pay them overtime for time worked beyond 40 hours.
- Where: A notice about the collective action was sent to all individuals who worked as Kroger assistant store managers in the company’s Atlanta, Columbus, Cincinnati, Memphis (Delta), and Nashville divisions at any point between April 10, 2018, and June 9, 2021.
A website has been established for individuals who would like to join a collective action alleging Kroger failed to pay certain employees their proper overtime wages.
Lead plaintiff Thomas Schell and other plaintiffs alleged Kroger improperly classified assistant store managers as exempt employees and failed to pay them overtime for any time they worked beyond 40 hours.Â
Allegedly, the assistant store managers spend most of their time serving customers, ringing customers up on the cash register, stocking shelves, and doing similar tasks, and should be classified as non-exempt employees and paid overtime under the Fair Labor Standards Act (FLSA).Â
Schell claims he worked an average of 50 to 60 hours each week, including around holidays, performing the same work as non-exempt employees; however, he argues, he was not paid overtime for the extra hours he worked.
With their collective action, the plaintiffs are seeking an award of overtime wages and an additional equal amount as liquidated damages.
For its part, Kroger denies all these allegations and maintains its assistant store managers have been properly classified as exempt.
Kroger has more than 1,200 supermarkets in at least 15 states, according to the collective action lawsuit.
Notices have been sent to individuals who Kroger’s records show were employed as an assistant store manager for at least one week between April 10, 2018, and June 9, 2021.Â
The deadline to ask to be included in the Kroger assistant store manager collective action is Aug. 8, 2021.
Click here to file a Consent to Join form.
Have you worked as a Kroger assistant store manager? What do you think of the collective action? Let us know in the comments below.
The plaintiff is represented by Jason Conway of Conway Legal LLC and Bruce Meizlish of Meizlish and Grayson.
The Kroger Assistant Store Manager Collective Action Lawsuit is Schell, et al. v. The Kroger Co., Case No. 1:21-cv-00103-MRB, in the U.S. District Court for the Southern District of Ohio.
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